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KJLLAW, Lawyer

Category: Consumer Protection Law

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Experience: Attorney at Law Office of KJLLAW

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I have purchased a car in az aND the lien wasnt perfected in

Customer Question

I have purchased a car in az aND the lien wasnt perfected in 90 days by the dealership. Causing my loan to become personal abd my interest to go sky high. Is this a break in the purchase agreement? Can I just return the car so I don't need to deal with this

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

Under Arizona law a security interest in non-inventory collateral for which a certificate of title is issued (like a car) can be perfected only by having the lien stated on the certificate of title. A lien against a motor vehicle is deemed to be perfected on the date the application for title reflecting that lien is endorsed with a stamped date of receipt by the Department of Motor Vehicles. The constructive notice date to creditors of all liens against a vehicle described in a new certificate of title is the time of receipt and filing of the application for title and/or registration by the Department or the registered office. See Arizona Revised Statutes § 28-2133(B). Under A.R.S. § 47-9324(A), a purchase money security in a car takes priority over any conflicting security interest in the same collateral or proceeds so long as the security interest is perfected at the time the Debtor receives possession of the collateral or within 20 days thereafter.

In your loan, if the dealer filed the application for title, then they have perfected the lien on the car. It is unusual that your car note has an increase in the interest rate if the dealer does file the title and obtain a security interest. I’ve only seen an increase in an interest rates for consumers, you, if you default.

Check your loan documents again, and your note, unless that is written into the note, the dealer probably gave you wrong information on the increase in your rate and the loans default to a personal loan rate. The only 90 day period relating to car loans is applicable to bankruptcy law, and the car dealers rights to collect the monies owed if you file bankruptcy, and not the Arizona Revised Statutes provisions on car loans and liens. I hope this answers your question.

I took out the loan myself and the bank gave the dealer 90 days it's been over 90 days. So my loan I took out the dealer was paid the day I picked up the truck. It's been over 90 my interest is threw the roof because it's now a non colleteral loan. Because the paperwork for title has not been completed. The mvd record stI'll show the truck in the old owners name

Customer:replied 9 months ago.

I have checked my paperwork the only thing I have from the dealer is a purchase order fir the bank and secure odometer. All the rest is from navy federal who I financed the truck with. I know the dealer hasn't processed the title and keep giving me the run around. I've gone threw 3 temp plates. I just want to return the truck legally because I feel like it's a breech in the agreement on there half

Hello again. Thank you for the additional information. If you took out the loan and then paid the dealer directly, the loan would be considered a personal loan if the dealer did not comply with the terms of the finance loan issued to you, which would be filing the application for title. You have two options, the first would be to file a complaint with the Arizona Department of Transportation, regarding the dealers failure to give proof of title and transfer with the 90 days, which is in your loan contract; a second option is to ask the navy credit whom you financed with, to cancel the loan because you never received title to the car, and will be returning it to the dealer. A third option is for you to hire a local attorney to write a letter to the dealer asking that they cancel the car sale because of the breach of contract for failing to provide the title to you within the terms of the loan. I would try the first two options first.

I'm sorry, but we don't have local referrals as part of the service. A great place to find excellent local attorneys is the Pima County Bar Association, located at 177 N Church Ave., Suite #101, Tucson, AZ 85701. There phone number is (520) 623-825. They retain a list of highly qualified consumer law attorneys who could definitely help you resolve the fraud with the car dealer. I really hoped this helped, and good luck.